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Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-149

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

VIVIANA GADDIS,                                                              

 

     Petitioner,                                                                    

 

v.                                                                                            

 

HAIR EXPRESS,

                                     

     Respondent.

                              

EEOC Case No. 15DA400776
FCHR Case No. 2004-21497
DOAH Case No. 04-2693
FCHR Order No. 04-149

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

  On  April 19, 2004, Petitioner filed a complaint of discrimination pursuant to Florida Civil Rights Act of 1992, Sections 760.01-760.11, Florida Statutes (2001), alleging that the Respondent committed an unlawful employment practice when she was unfairly treated at work and, ultimately, terminated because of her sex, national origin and in retaliation.  The allegations set forth in the complaint were investigated and on July 21, 2004, the Executive Director issued his determination that the Commission had no jurisdiction over the complaint because the respondent was not an employer as defined in § 760.02(7), Florida Statutes (2003), and the Complainant was also an independent contractor.   The Petitioner filed a Petition for Relief and on August 19, 2004, the ALJ issued an Order to Show Cause.  Both Petitioner and Respondent filed a response.

Judge Barbara J. Staros, issued a Recommended Order of Dismissal dated September 10, 2004. 

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

.

Findings of Fact and Conclusions of Law

 

   Judge Staros’s order states that the Respondent asserted that the statutory requirement of § 760.02(7), Florida Statutes (2003), has not been met as found in the FCHR’s determination.  The Petitioner’s response addressed the issue of independent contractor.  However, nothing in her response or in the file indicated that the 15-employee jurisdictional requirement was in dispute.

We adopt the Administrative Law Judge’s finding as to the fact that the Petitioner did not show that the Respondent employed 15 or more persons as required by § 760.02(7), Florida Statutes (2003) and conclude that the Commission lacks jurisdiction to pursue the complaint.

 

Exceptions

            Neither party filed any exceptions to the Recommended Order.

 

Dismissal

 

      The Request for Relief and Complaint of Discrimination are DISMISSED with prejudice.

 

            The parties have the right to seek judicial review of this Order.  The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission.  Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


Done and Ordered this 7th day of December, 2004.
For The Florida Commission on Human Relations.

  

Commissioner Rita Craig, Panel Chairperson;                                                    Commissioner Roosevelt Paige; and

Commissioner Dominique B. Saliba, M.D.

Filed this 7th day December, 2004,
in Tallahassee, Florida.

  

  

Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

NOTICE TO COMPLAINANT/PETITIONER

 

            As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request the EEOC to review this Commission’s final agency action.  To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order.  Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131

 

Copies furnished to:

 

Viviana Gaddis

31 Blackshire Place

Palm Coast, Florida 32317

 

Robert L. McLeod, Esquire

1200 Plantation Island Drive, Suite 140

St. Augustine, Florida 32080

 

Honorable Barbara J. Staros, Administrative Law Judge (DOAH)

 

Jim Tait, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations